Heilman v. Cherniss et al

Filing 26

ORDER signed by Judge John A. Mendez on 2/23/2012 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; defendants' # 17 Motion to revoke plaintiff's in forma pauperis status and dismiss this action is DENIED. (Reader, L)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

THOMAS JOHN HEILMAN,

11

Plaintiff,

12
13

No. CIV S-11-0042 JAM EFB P

vs.
C. CHERNISS, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

17

seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

18

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

19

On December 21, 2011, the magistrate judge filed findings and recommendations

20

herein which were served on all parties and which contained notice to all parties that any

21

objections to the findings and recommendations were to be filed within fourteen days. Neither

22

party has filed objections to the findings and recommendations.

23

The court has reviewed the file and finds the findings and recommendations to be

24

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

25

ORDERED that:

26

/////
1

1
2
3

1. The findings and recommendations filed December 21, 2011, are adopted in
full; and
2. Defendants’ September 29, 2011 motion to revoke plaintiff’s in forma pauperis

4

status and dismiss this action is denied.

5

DATED: February 23, 2012

6
7

/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2